The Skillery, INC. (hereinafter, “THE SKILLERY”) consists of the coworking located at 1323 6th Avenue North, Nashville TN 37208, (hereinafter, “the SPACE”) and THE SKILLERY website comprised of various web pages operated by THE SKILLERY (hereinafter, “the SITE”).
Description of Services. Users of the SPACE and/or the SITE (hereinafter, “USERS” or "you") may receive services provided by THE SKILLERY, including but not limited to the following (hereinafter, collectively, “SERVICES”):
THE SKILLERY may provide USERS of the SPACE with access to office space, work stations, Internet access, equipment, conference and meeting space, knowledge resources, and other facilities and services. ACCESS TO AND/OR USE OF THESE SERVICES IS AT ALL TIMES SUBJECT TO THESE TERMS AND ALL POLICIES AND GUIDELINES THAT MAY BE INCORPORATED BY REFERENCE.
THE SKILLERY allows USERS of the SITE to obtain information about the SPACE and/or to find classes and other events (each hereinafter referred to as an “EVENT”) that they are interested in attending. THE SKILLERY also allows teachers and event organizers (each hereinafter referred to as a “HOST USER”) to find other USERS interested in attending their EVENT. EVENTS may be held at the SPACE by mutual agreement of a HOST USER and THE SKILLERY. USERS have the option to purchase tickets to an EVENT, whether or not the EVENT is held at the SPACE, through the SITE. Payments may be transacted through PayPal, or other third party services integrated with the SITE.
BY ACCESSING, BROWSING, SEARCHING, DOWNLOADING, USING, TRANSACTING BUSINESS ON-LINE, OR PURCHASING FROM THE SITE, OR AFFILIATED SITES AS MENTIONED ABOVE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL POLICIES AND GUIDELINES THAT MAY BE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, SEARCH, DOWNLOAD FROM, BROWSE, TRANSACT BUSINESS ONLINE OR OTHERWISE USE THIS SITE.
Authority. The USER hereby represents and warrants that the USER has all requisite legal power and authority to enter into and abide by these TERMS and no further authorization or approval is necessary. The USER further represents and warrants that the USER’s use of the SERVICES will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which the USER is a party.
Use of Services. THE SKILLERY hereby grants you a limited license to use the Site for your own personal use. "THE SKILLERY" is a trademark of THE SKILLERY, INC. Other trade and/or service marks and company names mentioned on the SITE or in the SPACE may be trade and/or service marks of their respective owners.
Any unauthorized use of this SITE will terminate the permission or license to the SITE granted by these TERMS and may violate applicable law including copyright laws, trademark laws, and communications regulations and statutes.
You agree not to use the SITE in any of the following ways:
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information on or through THE SKILLERY’s router, servers, access points or network;
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
Send messages to USERS in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
Upload or download any files that you know, or reasonably should know, cannot be legally reproduced, displayed, performed and/or distributed in such manner; or
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
In addition, you agree not to use the SITE or SPACE in any of the following ways:
Impersonate any person or entity or falsely state or otherwise misrepresent your identity or status or misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services;
Transmit any material that infringes any patent, trademark, trade secret, copyright or other intellectual property, privacy, publicity or other rights of any third party;
Use any material or information, including images or photographs, which are made available through the SERVICES in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
Transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Transmit files that contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Restrict or inhibit any USER from using and enjoying the SERVICES;
Circumvent user authentication or security of any SERVICE;
Gain or attempt to gain, access to systems or data to which you are no authorized;
Network monitoring, harvest or otherwise collect information about others, including e-mail addresses, without their authorization or consent; or
Violate any applicable laws or regulations.
THE SKILLERY reserves the right to review materials posted to the SITE and to remove any materials in its sole discretion. THE SKILLERY reserves the right to terminate the USER’s access to any portion of the SITE at any time without notice for any reason whatsoever.
The USER represents and warrants that the USER owns or has the necessary licenses, rights, consents and permissions to his or her USER Submissions (and all content included therein), including the right to authorize THE SKILLERY to use the USER Submissions in the manner contemplated by these TERMS. THE SKILLERY will not tolerate violations of intellectual property rights on the SITE or in the SPACE. A copyright owner who believes that any USER Submission or other content infringes upon his or her copyrights may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). To provide THE SKILLERY notice of an infringement, please contact us at firstname.lastname@example.org. Materially misrepresenting that an activity is infringing one’s copyright may result in liability for damages (including costs and attorneys' fees).
Access. You agree to provide true, accurate, current and complete information about yourself as requested by the THE SKILLERY and to keep your information updated.
You may not reveal your SITE password to anyone else and you may not use anyone else's password to access the Service. You are responsible for maintaining the confidentiality of your account and password to the SITE. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
You acknowledge that use of the Services is personal to you and agree not to provide any other person with access to the SITE or SPACE other than as authorized. You shall take full responsibility for any USERS who access the SPACE through your account or based on your membership or use of the SITE and/or SPACE.
Indemnification. You agree to indemnify, defend and hold harmless THE SKILLERY and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (collectively, "Affiliated Parties") from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, costs, judgments, fines, penalties and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a "Claim") related to or arising out of: (a) any injury to or death of any person, or damage to or loss of property, or any other thing occurring on or about any part of the SPACE, or in any manner growing out of, resulting from or connected with the use, condition or occupancy of, the SPACE if caused by any your negligent or wrongful act or omission of any invitees or any other person or entity for whose conduct you are legally responsible; and (b) your violation of or failure to observe or perform any condition, provision or agreement of these TERMS.
Disclaimer of Warranties. THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, AND WARRANTY OF NON-INFRINGEMENT). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OMISSIONS, INACCURACIES OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. There is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the services, remains with you.
Limitations of Liability. THE SKILLERY AND OUR AFFILIATED PARTIES WILL NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY SERVICES OR INFORMATION DURING THE SIX MONTH PERIOD PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY. ALL LIABILITY UNDER THIS AGREEMENT IS CUMULATIVE AND NOT PER INCIDENT. THE SKILLERY RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT OR SERVICE CONTAINED ON THIS SITE AT ANY TIME WITHOUT NOTICE. REFERENCE TO ANY SERVICES, PROCESSES, OR OTHER INFORMATION, BY TRADE NAME, SERVICE MARK, NAME OF MERCHANT OR BROKER, OR OTHERWISE, DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF BY THE SKILLERY.
Release of Liability for Participation in or Use of the SERVICES. Your teaching or attendance at an EVENT promoted by THE SKILLERY is at your sole risk. Though THE SKILLERY may offer space in which a class may take place, THE SKILLERY does not supervise classes and is not involved in any way with the actions of any individuals (whether HOSTS or USERS) at any EVENT. As a result, we have no control over the identity or actions of the individuals who are present at these EVENTS, and we request that our USERS exercise caution and good judgment when attending EVENTS. You acknowledge and agree that by participating in any EVENT (whether as a HOST or USER) you may be exposed to a variety of risks and hazards, which may or may not be foreseen, including (without limitation) personal injury, property damage and death. You are solely responsible for all costs and/or risks associated with your participation in any class. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE THE SKILLERY AND THE SKILLERY PARTIES FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR PARTICIPATION IN ANY EVENT, WHETHER AS A HOST OR USER. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
Additional Waiver as to Event Agreements. THE SKILLERY allows USERS to find classes and other events that they are interested in attending (each hereinafter referred to as an “EVENT”). THE SKILLERY also allows teachers and event organizers (each hereinafter referred to as a “HOST”) to find USERS interested in attending their EVENT, in exchange for a percentage of each ticket sold on the SITE. These TERMS are in addition to and supersede any agreements, releases or other documents entered into between HOSTS and USERS in connection with an EVENT (the “Event Agreements”), including any Event Agreements entered into through this SITE. USERS and HOSTS are each responsible to the other for complying with the terms of the Event Agreements. THE SKILLERY has no control over either party’s compliance. Among other things, THE SKILLERY cannot control and makes no warranties as to (a) the provisions of the Event Agreements, (b) the accuracy or legality of the Event Agreements (c) any party’s performance of its obligations under the Event Agreements (d) the overall quality of the EVENT or the qualifications of the HOST. Accordingly, THE SKILLERY shall not be held responsible for any liability arising out of the Event Agreements or any actions that you may take in reliance thereon, and is not a party to any transaction between you and any other USER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE THE SKILLERY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, “THE SKILLERY PARTIES”) FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO ANY DISPUTE RELATING TO THE EVENT AGREEMENTS OR ANY TRANSACTION OR ATTEMPTED TRANSACTION WITH ANOTHER PERSON OR ENTITY UTILIZING THE SKILLERY’S SERVICES (WHETHER A HOST OR USER). YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
Third Party Content. The SITE may contain content and links to and from third parties ("Third Party Content"). We have no control over this Third Party Content, and accept no responsibility for them or for any liability, loss or damage that may arise from your use of them. If you decide to access or use any Third Party Content, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. THE SKILLERY does not control or endorse the content, messages or information from Third Party Content.
Insurance. As required by the owner of 1323 Sixth Ave. North, Nashville, TN, 37208, THE SKILLERY, Inc. carries General Liability and other forms of insurance. If you are a USER of the SPACE, it is strongly suggested that you carry a Renters Insurance policy to cover your own equipment while using the SPACE.
Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee (without regard to conflict of law principles). Any cause of action by you with respect to the Services (and/or any information or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the courts located in Davidson County in the State of Tennessee. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. If any part of these TERMS is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the TERMS will continue in effect. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.